New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
Note: Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:(a) must be of minimal environmental impact, and(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 ), and(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987 ).
(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3) To be exempt development, the development:(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , and(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia , and(c) must not be designated development, and(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977 , and(e) must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 20).
(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2-9 is exempt development only if:(a) the building has a current fire safety certificate or fire safety statement, or(b) no fire safety measures are currently implemented, required or proposed for the building.